Con Law Strict Scrutiny — govt must show compelling interest necessary to achieve that interest Intermediate Scrutiny — govt must show important interest substantially related to achieve that interest Rational Basis — challenger must show there is no legitimate interest and not ratfonally related Contracts Six types of agreements governed by SOF: MY LEGS ‘+ 1. Marriage + 3.len = 4. Executors + 5..Goods worth $500+ = 6.Sureties Various ways to discharge duty to perform: “pranks” ~ PRASNCs ‘+ By Performance or tender of performance + By Rescission ‘© By Accord and Satisfaction + By Novation © By occurrence of Condition Subsequent “crapss” ~ CRAPSS By Cancellation “flee from formation!” = Fl + By Release + By Frustration © By Account Stated + By Lapse ‘© Pardal Discharge by Modification of contract + Bylllegatity ‘+ By Substtuted Contract + By Impossibility ‘© Statute of Limitations + Bylmpracticability Criminal Law/Procedure Ist of specific intent crimes + the intents they require: BAR SCALE FFF Burglary — intent to commit felony in dwelling Assault — intent to commit battery Robbery — intent to permanently deprive other of interest in property taken Solicitation — intent to have person solicited commit the crime Conspiracy — intent to have crime completed * Attempt — intent to complete crime Larceny — intent to permanently deprive other of their interest in property taken Embezzlement — intent to defraud Forgery — Intent to defraud alge Pretenses — intent to defraud ‘+ First Degree Murder — premeditated intent to kill Enumerated felonies for felony murder '* Under both common law and MPC - enumerated felonies = BARRK Burglary Arson Rape Robbery Kidnapping Exceptions: poisonous fruit evidence will net be excluded ~ 3 Ins © Lindependent source © 2. intervening act ‘+3. Inevitable discoveryEvidence Most common non-propensity purposes for offering evidence of D’s other misconduct: MIMIC Motive ~i.e, burning a building to hide embezzlement Intent ~ ie, to show guilty knowledge or lack of good faith Misteke (absence of) Identity ~i.e. to show “signature” of crimes Common plan or scheme ~ i.e. committing one crime to prepare for another Defnona on Hear VED KEEL Legally operative language — stmt offered as legally operative language 2. Impeach ~stmts used to impeach witness 3. Verbal - verbal stmts that accompany actions 4, Effect on Declarant — stmt made to show effect it has on state of mind of declarant 5. Knowledge stmt offered to show listener's knowledge or awareness of certain circumstances 6. Explanatory exemption 7. fect on Listener ~ stmts used to show effect it has on state of mind of lstener/reader Statutory Non-Hearsay~ PPP PARA CC Statements made by WITNESS: ‘© 1.PIS~ prior inconsistent stmt of witness © 2. PCS— prior consistent stmt of witness ~ prior stmt of identification Statements made by OPPOSING PARTY: © 4. Personal admissions © 5. Adoptive admissions 6. Relational admissions 7. Authorized admissions © &.Stmts by Co-Conspirator Hearsay Exceptions NOT Requiring Unavallability ~ PETS RE RE 1. Present sense impression 2. Excited utterance 3. Thenexisting mental, emotional, or physical condition 4, Statement made for medical diagnosis or treatment 5, Recorded Recollection 6, Records of Regularly conducted activity Hearsay Exceptions Requiring Unavallability ~ SHIFT FWOD Five ways a declarant can be considered to be unavailable as a witness: ~ PRIMA 1 Privilege © 2. Refusal to testify 3. llness (physical or mental) 4. Memory (lack of) © 5. Absent from hearing ‘SH —Statement of personal or family Hi statement against Interest FT~ Former Testimony EW - Forfeiture by Wrongdaing DD - Dying Declaration (statement under belief of imminent death)Property Four “unities” to create joint tenancy — ie. four requirements: TIP 1. Time — joint tenants must take interests at the same time 2. Title — joint tenants must take interests by same ttle (ie. same deed, will, or other document of title) 3. Identical — joint tenants must take with Identical, equal interests 4. Possess — joint tenants must take with rights to possess the whole When tenant breaches and is NOT in possession of premises, LL has three remedies: SIR +1. Surrender © 3.Goodbye—ive. vacate When LL breaches implied warranty, tenant has four options: MR. 3 © 1. Move out and terminate lease © 2. Repair and deduct, T can make reasonable repairs and deduct cost from future rent ‘© 3. Reduce rent or withhold all rent until court determines fair rental value © 4, Remain in possession, pay full rent, and affirmatively seek money damages Five areas where LL is liable for torts on premises ~ CLAPS ‘+ L.Common areas + 2. Letent defects 3. Assumption of repairs 4. Public use rule + 5. Short-term lease of furnished dwelling ‘Test to determine if chattel is fixture = courts will examine four things: DAMN, © 1. Damage — extent of damage to real property If chattel is removed ‘* 2, Adaptation —intent of T when they attached chattel ‘© 3. Manner manner in which chattel is attached ¢ 4,Nature — nature of chattel Four categories of negative easements: LASS ° Land ° bir © Support © Stream water from artifical flow Four ways to create an easement~ PING * 1. Preseription © Four elements to acquire prescriptive easement: COAH, = 1. Continuous and uninterrupted use for given statute's period "2, Open and notorious use — discoverable upon inspection #3, Actual use doesn’t need to be exclusive = 4, Hostile use — without servient owner's consent + 2.Implication 3. Necessity + 4.Grant RULE: to pass legal title from grantor to grantee, the deed must be "LEAD" — Lawfully Executed And DeliveredThree types of notice: AIR © Actual © 2ilnguiry © 3.Record Eight ways to terminate an easement: END CRAMP + 1. Estoppel © 2.Necessity ‘* 3. Destruction of servient land © 4. Condemnation of servient land ‘+ 5. Release by holder to servient owner * 6, Abandonment 7. Merger 8, Prescription by servient owner © Adverse possession elements: COAH = 1. Continuous interference "2, Open and notorious = 3. Actual + 4. Hostile to easement holder Compare: Real Covenant vs. Equitable Servitude ‘* Whether burden runs with land. © For covenant burden to run with land ~ WITHN © For equitable servitude benefit to run with land — WIT ‘* Whether benefit runs with land © For covenant benefit to run with land ~ WITV © For equitable servitude benefit to run with land — WINT Requirements for burden to run: WITHN Equitable servitude: © 1. Writing ‘© Requirements for burden to ru 2 2.Intent © L.Writing © 3. Touch and concern © 2.lntent © 4. Horizontal AND vertical privity © 3.Touch and concern © 5.Nlotice ‘© Requirements for benefit to run: WINT '* Requirements for benefit to runs WITV © 1.Writing 2 1. Writing © 2Intent 2. Intent © 3.Notice © 4.Touch and concern © 3.Touch and concern © A. Vertical privity Elements for Adverse Possession: OCEANA ‘© 1.0pen © Imagine ~ “doors kicked wide open” © 2.Continuous © Imagine— + 3. Exclusive © Imagine — “putting ‘stay off property’ sign in front of house” © 4.Actual © Imagine ~ "stepping through front door” © 5.Notorious © Imagine ~ “welcome home sign hanging on front door” © 6. Adverse (Hostile) iging sleeping bag and pillow”Family Law Factors for equitable ‘© age of both parties, background of both parties capabilities of each party to eam a living duration of the marriage, education of both parties economic fault of either party contribution as a homemaker 19 of marital property ~ ABCDEF + CHAMP + FISH CANAL acquisition to marital assets money used to purchase marital property present income of both parties future income of both parties standard of living during the marriage health of either party child custody provisions alimony requested by either party needs of either party assets liabilities, or debts of the parties, Fector for alimony - DAMP FACTS duration of the marriage + age of the parties © marital fault ‘© physical or emotional condition of the parties ‘© financial resources of the parties ‘+ ability of the independent spouse to meet their needs while paying alimony ‘© contribution of each party to the marriage ‘+ time needed for the dependent party to obtain training necessary to find appropriate employment ‘¢ standard of living established during marriage Trusts Fiduciary duties of Trustee = SLAPER — imagine, “if T breaches these duties, he's in for a good slapper by beneficiary!” ‘© Duty to Separate Trust Property and Keep Records Duty of Loyalty Duty to Administer Trust Duty to Preserve Trust Property Duty to Enforce Claims and Defend Trust Duty to ReportSecured Transactions Scope of Art. P= TASCL © Transaction Agricultural en Sale of accounts Consignments Leases Classification of Collaterals Goods — FEIC Intangible - CHAD PG © Farm products © Chattel Paper © Commercial tort claims © Equipment * Letters of Credit Rights * Health-CaresInsurance Receivables © Inventory + Instruments, © Accounts © Consumer Goods © Money Deposit Accounts * Investment Property Payment intangibles Documents © General Intangibles Creation of Security Interest — Ve + Rd + Ad [Pe/Ce] + HAC + D (108) + Proceeds + Value=Ve ©The ereditor must give value + Right Re Te debtor must have some rights in the collateral Authentication = Ad [Pe/Ce] ©The debtor must have authenticated a security agreement where the debtor has possession or control of the collateral ‘+ Security Agreement — Description of the Collateral ~D (108) © Security agreement must provide a description of collateral (8-108) © Special Case of Floating Security Interests = HAC ‘© Security Interest in Proceeds ~ Proceeds Perfection of Security Interest —F (544) + AP (PMSI/CG) + TP (20) +[Pe/Ce] ‘© Perfection by Filing ~F (5,4, 4) © Afiling statement is generally only effective for years Ifthe debtor’s name has become seriously misleading due to a name change, the creditor must fle an amendment within 4 months of the name change © Previously filed fling statement remains etfective to perfect security interests in collateral acquired before or within 4 months of the debtor's name change © When the debtor changes location to a different state + The perfected status expires 4 months after the location change (or one year after a transfer of collateral 0 a person that becomes a debtor thereby and is located in another jurisdiction) unless the creditor becomes perfected in the new location within four months (or one year) after the change ‘+ Automatic Perfection ~ AP (PMSI/CS) © Purchase Money Security interest in Consumer Goods ‘+ Temporary Perfection -TP (20) © Asecurity interest in certificated securities, negotiable documents, or instruments is perfected without filing or the taking of possession for a period of 20 days from the time it attaches to the extent that it arises for new value given under en authenticated security agreement ‘+ Perfection by Possession or Control of Collateral ~ [e/Ce] Priority ~ $P-PMSI (CG/In/Eq) + PC (FTFOP) + LC + SC + UC - BIOC + BIG + BCG ‘© Super Priority — SP PMSI (CG/IN/EQ) © PMS in consumer goods is the only PMSI with automatic super priority ‘+ Perfected Creditor ~ PC (FTFOP) © Between two perfected creditor Uen Creditor = LC irstto file financing statement or perfect gets priority Unsecured Creditor = UC Priority of Buyers © Buyer in the Ordinary Course ~ BIOC © Buyer in Good Faith — BIG © Buyer of Consumer Goods - BCG